Everything you need to know in the wake of India’s #MeToo movement

Supreme Court lawyer Karuna Nundy on why there is no looking back from here

One of India’s biggest champions of women’s rights and renowned Supreme Court lawyer, Karuna Nundy shares her views on why the ongoing #MeToo movement is a clarion call for our justice system, and throws light on the existing legal options available for women fighting sexual harassment.

The last few weeks has seen a spate of sexual harassment allegations against some of the most powerful men in the country. What are your views on this?

The #MeToo movement in India actually started last year with Dalit women taking the lead. What we’re witnessing today is a second wave and I think this important issue will keep coming up. Women across the board feel the justice system and all other relevant committees have failed them. Anger and reclaiming the feeling of ‘bodily integrity’ is what’s fuelling this movement. It is a definitely a clarion call for the Indian justice system and the powers to be to fix due process.

What are the options currently available to women in India against sexual harassment?

Under the Prevention Of Sexual Harassment Act 2013, any workplace that has more than 10 employees (this includes freelancers and contractual workers as well) must have an Internal Complaints Committee (ICC) where such matters, however big or small, can be addressed. The majority in such committees should consist of women as well as one external member. This Act also calls for the government to set up local area committees as an alternative for survivors, as the ICCs can sometimes be biased, and also because most women workers fall under the informal sector.

Women can also seek justice under various sections of criminal law as many of them are cognizable, ensuring the police can arrest the harasser if necessary. Take Section 509 of the Indian code, for example. This includes not just acts, but also words and gestures that are sexual and unwelcome that are intended to insult the integrity of a woman. Under criminal law, if the evidence backing the woman’s claims is strong and stands up to cross examination as well as questioning by the judge, it is sufficient to convict.

There are certain things the complainant should keep in mind. Make sure you preserve the messages and pictures, if any, as evidence on the original device it was sent to. If there are witnesses, get them to back you up. Garner enough support in the workplace before you take the harasser and organisation to task. Finally, as women, stand up for other women and create a healthy environment for yourselves.

How do you see the #MeToo movement changing the situation in favour of women?

So much needs to be done. The judiciary is taking steps to change the patriarchal mindset that some judges come from. I have been invited to conduct workshops at the National Judicial Academy on these issues, where we’re grappling with ensuring [that] there is a constitutional outlook when approaching the criminal law and respecting the rights and the voice of women. In my view, when you recruit judges in the lower judiciary and also in the police force, you got to ask them questions on their gender perspective. Everyone is not going to be perfect, but you need to have raw material that you can work with. We also need more judges and better infrastructure to ensure our justice is served faster.